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NC: 2023:KHC-D:14865 C/w. HRRP No.505 of 2013, HRRP No.506 of 2013, in regard to the induction by the petitioner-landlord in the said premises. It is also relevant to note that respondent No.2 also died and his legal heirs are brought on record before the Trial Court and they had failed to establish their entitlement over the property beyond five years as enumerated under Section 5 of the Act. Thus, the so called tenants in RCA No.41/2004 have failed to establish that they are bona fide tenants under Section 27(2)(P) as well as Section 5 of the Act. In RCA No.42/2004, the original tenant died after coming into force of the Act, thus section 5 of the Act is applicable and on death of the tenant the right of tenancy shall devolve for a period of five years from the date of his death on the said count, the petitioner- landlord is entitled for eviction against the tenants in RCA.No.42/2004.

30. The First Appellate Court has gone on an erroneous finding and has dismissed the petition under Section 27(2)(p) of the Act. Section 5(1) of the Act reads as under:

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NC: 2023:KHC-D:14865 C/w. HRRP No.505 of 2013, HRRP No.506 of 2013,
5. Inheritability of tenancy.- (1) In the event of death of a tenant, the right of tenancy shall devolve for a period of ten years from the date of his death to his successors in the following order, namely:- (a) spouse; (b) son or daughter or where there are both son and daughter both of them; (c) parents; (d) daughter-in-law, being the widow of his pre-deceased son: Provided that the successor has ordinarily been living or carrying on business in the premises with the deceased tenant as a member of his family up to the date of his death and was dependent on the deceased tenant: 13 Provided further that a right to tenancy shall not devolve upon a successor in case such successor or his spouse or any of his dependent son or daughter is owning or occupying a premises in the local area in relation to the premises let.